Professional Experience
Barry Klickstein is a partner in the firm's Commercial Litigation department and practices in the areas of complex business and commercial disputes and products liability defense. Mr. Klickstein has 35 years of trial experience in both state and federal courts. He has extensive experience handling cases involving corporate control, minority stockholder suits and securities matters. Mr. Klickstein represents physicians and attorneys in partnership and professional liability and practice litigation. He also represents one of the world's largest casino operators in a broad spectrum of litigation.
Representative Matters
· Obtained a jury verdict after a 10 day trial dismissing multimillion claims against a joint venturer by its corporate partner as well as a jury verdict in favor of our client against its partner for breach of the covenant of good faith in the termination of the venture.
· Secured a judgment after several weeks of trial against the founder, promoter, and patent holder on behalf of a medical device company and its investors, including assignment of all patent rights.
· After evidentiary hearings, obtained a judgment in the Bankruptcy Court dismissing over eight million dollars in claims brought against the bankrupt company by foreign distributors.
· Obtained a judgment of dismissal after a summary judgment finding that the defendant shopping center owners and managers were not liable for catastrophic injuries to a business invitee, who had previously settled with co-defendant business owner and architect on her claims of defective design.
· Successfully represented a minority stockholder in a closely held telecom company in avoiding a previously executed buyout/settlement agreement and obtaining a multimillion-dollar settlement.
· Lead trial counsel for multiple corporate defendants in a complex chemical plant explosion case involving seriously burned plaintiffs, resulting in favorable outcomes for all defendants.
· Defended a government contractor in a multi-week False Claims Act trial, bringing seven years of litigation to a successful conclusion.
· Counseled a group of selling stockholders and represented them in litigation to obtain their multimillion-dollar deferred acquisition payment after selling their start-up company to a publicly traded company which sought to avoid payment by raising fraud in inducement claims.
· Represented the officers and directors of a pharmaceutical company against claims of fraudulently withholding adverse FDA reports in the sale of a subsidiary to the plaintiffs, resulting in a "litigation costs" based settlement.
· After extensive discovery and hearings, restored the relatives of Holocaust survivors to their interests in the decedents' real estate, which had been devised to the caregiver and her attorney.
· Obtained a favorable result for a truck manufacturer after trial of a products liability claim involving a longshoreman who suffered severe and permanent brain damage in an accident at a terminal.
· Counseled a national telemarketing company in connection with its employment claims.
· Established the rights of a foreign adoptee to the sole beneficial interest in an irrevocable trust which under applicable Scandinavian law excluded her.
· Represented a partner in a national law firm in the defense of malpractice claims in excess of $100,000,000.
· Achieved a unanimous decision rendered by a major Hospital Hearing Panel reversing the revocation of hospital privileges of a renowned physician.
· Represented a school superintendent against Federal claims arising out of the termination of school teaching and supervisory staff.
· Successfully mediated accounting malpractice claims for related corporate plaintiffs which were the victims of ongoing employee embezzlement that should have been uncovered in annual audits.
· Orchestrated an arbitration proceeding that resulted in cash buyout for dissatisfied minority owner of three inter-related LLC's.
News, Publications & Presentations
· Featured, "Fifty Day Pitney Attorneys Recognized as Super Lawyers," Day Pitney Press Release, October 24, 2011
· Featured, "Day Pitney's Barry Klickstein Elected Board Chair of the Association of Jewish Family & Children's Agencies," Day Pitney Press Release, May 16, 2011
· Presenting faculty, "Contract Disputes & Litigation," MCLE Seminar, February 9, 2011
· Featured, "Day Pitney Snags Duane Morris Trial Vet," Law360, December 8, 2009
· Featured, "Seasoned Trial Lawyer Joins Day Pitney in Boston," Day Pitney Press Release, December 7, 2009
· Featured, "Who's What, Where," Boston Globe, December 7, 2009
· Co-author, "Navigating E-Discovery in the Massachusetts State Trial Courts," Suffolk Journal of Trial & Appellate Advocacy, 2009
Professional Affiliations
· American Bar Association
· American Bar Foundation, Fellow
· Boston Bar Association
Outside Interests
· Association of Jewish Family and Children's Agencies, Chairman of the Board of Directors
· Board of Directors, Boston Yacht Club
· Jewish Family Service of the North Shore, past president and counsel
Awards and Achievements
· Recognized as a Massachusetts Super Lawyer, 2006, 2011